Vatican City – This morning, in the new courtroom located in the ancient Synod Hall of the Apostolic Palace, the first hearing of the appeal trial concerning the Sloane Avenue property and the management of the Secretariat of State’s funds took place. The hearing began at 9:30 a.m., before a panel composed of four judges, including the president.
The recusal motion against the Promoter of Justice
The lawyers of Cardinal Giovanni Angelo Becciu, Enrico Crasso, Raffaele Mincione, and Fabrizio Tirabassi filed a motion to recuse the Promoter of Justice Alessandro Diddi. Present in the courtroom, in addition to the above defendants, were also Nicola Squillace and Rev. Mons. Mauro Carlino, who had been acquitted in the first instance. The motion was admitted and, as provided by the Vatican Code of Criminal Procedure, the decision will rest with the Court of Cassation. In line with Article 42, Diddi could have chosen to recuse himself without waiting for the Court’s ruling, since “the president, the judges of the court or tribunal, and the single judge, when they know there exists a ground for recusal, even if not raised, have the duty to abstain.” Article 45 further clarifies that “the judge challenged may abstain even before the ruling.” The legal issue primarily concerns Article 42, paragraph 2, which refers to reasons of appropriateness not expressly listed in Article 43, where only four cases of recusal applicable to the Promoter of Justice are specified. Among them, point 3 – enmity – could likely apply, given Diddi’s conduct, perceived in court as stemming from personal hostility. The essential elements of the recusal motion are to be found in the chats filed in court and published in full, exclusively by Silere non possum, in which Genoveffa Ciferri exchanges frequent messages with the Roman lawyer Diddi and with Francesca Immacolata Chaouqui, who goes so far as to claim she “speaks with the magistrates” and can intercede for Alberto Perlasca.
Diddi’s performance
When asked by the president of the Court, Mons. Alejandro Arellano Cedillo, how he intended to proceed, Diddi reacted with what those present described as an “embarrassing performance.” Instead of simply referring the matter to his colleagues, as would happen in any rule-of-law state, he declared: “Finally I have the chance to defend myself from a series of insinuations. I thank the defense teams for this initiative. I want to use the three days granted to express my considerations calmly, in order to dispel the doubts that have arisen in these months regarding the conduct of the investigation… For now I believe it is proper to leave the hearing, since there are no urgent activities to be carried out. I’m going back to the office.”
At 9:36 a.m., Diddi left the courtroom. The move was deemed unjustified, since although he could not perform procedural acts at this stage, he should have remained present. The episode recalls other incidents from his career, such as when, as an Italian lawyer in Calabria, he walked out of a courtroom.
Judge Masella Ducci Teri’s report
After a short suspension, the reporting judge Massimo Masella Ducci Teri summarized the main points of the first instance and the appeals. Not only have the defendants filed appeals, but also the civil party IOR, contesting an “erroneous assessment of financial and reputational damages.” By contrast, the Secretariat of State and APSA have not appealed, while ASIF has withdrawn its appeal. The judge recalled that the defendants also challenged the fifteen ordinances of the Vatican Tribunal issued between 2022 and 2023, particularly the issue of the validity of the Rescripta of Pope Francis, published exclusively by Silere non possum, never made public by the Holy See, and signed by the Pope during the investigation. These acts run counter to the principle of legality and infringe upon the fundamental rights of the accused.
Among the defense requests are: acquittal of the charges, reduction of sentences, revocation of disqualification from public office, annulment of the confiscation of assets, and reversal of compensation orders.
Hearing postponed
President Mons. Arellano postponed the proceedings to tomorrow, to allow the parties to present, confirm, or withdraw their objections of inadmissibility. The hearing ended at 11:25 a.m.
p.W.A.
Silere non possum